PROPRIETARY AND NONPROPRIETARY INFORMATION.

SEC. 226. PROPRIETARY AND NONPROPRIETARY INFORMATION. (a) Proprietary Status Maintained.— (1) In general.—Section 777(b)(l) (19 U.S.C. 1677f(b)(1)) is amended to read as follows: 108 STAT. 4887 “(1) Proprietary status maintained.— “(A) In general.—Except as provided in subsection (a)(4)(A) and subsection (c), information submitted to the administering authority or the Commission which is designated as proprietary by the person submitting the information shall not be disclosed to any person without the consent of the person submitting the information, other than— “(i) to an officer or employee of the administering authority or the Commission who is directly concerned with carrying out the investigation in connection with which the information is submitted or any review under this title covering the same subject merchandise, or “(ii) to an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this title. “(B) Additional requirements.—The administering authority and the Commission shall require that information for which proprietary treatment is requested be accompanied by— “(i) either— “(I) a non-proprietary summary in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence, or “(II) a statement that the information is not susceptible to summary accompanied by a statement of the reasons in support of the contention, and “(ii) either— “(I) a statement which permits the administering authority or the Commission to release under administrative protective order, in accordance with subsection (c), the information submitted in confidence, or “(II) a statement to the administering authority or the Commission that the business proprietary information is of a type that should not be released under administrative protective order.”. (2) Section 751 reviews.—Section 777(b) (19 U.S.C. 1677f(b)) is amended by adding at the end the following: “(3) Section 751 reviews.—Notwithstanding the provisions of paragraph (1), information submitted to the administering authority or the Commission in connection with a review under section 751(b) or 751(c) which is designated as proprietary by the person submitting the information may, if the review results in the revocation of an order or finding (or termination of a suspended investigation) under section 751(d), be used by the agency to which the information was originally submitted in any investigation initiated within 2 years after the date of the revocation or termination pursuant to a petition covering the same subject merchandise.”. (b) Unwarranted Proprietary Designation.—Section 777(b)(2) (19 U.S.C. 1677f(b)(2)) is amended by adding at the end the following new sentence: “In a case in which the administering 108 STAT. 4888authority or the Commission returns the information to the person submitting it, the person may thereafter submit other material concerning the subject matter of the returned information if the submission is made within the time otherwise provided for submitting such material.”.